Department of Correction and Rehabilitation. Correction Administration.
Subject:
The Office of the Comptroller of Puerto Rico issues an adverse opinion on the contracting of companies to carry out rehabilitation works on the perimeter fences of four correctional institutions of the Department of Correction and Rehabilitation.
The Report indicates that the Secretary of Correction declared a state of emergency on November 29, 2004 to repair the perimeter fences of the prisons due to the increase in inmate escapes. To that effect he contracted a Construction Manager for $1.4 million and awarded four construction contracts to two companies for $19.3 million.
Our auditors evidenced that the Construction Manager contracted by the Department improperly intervened in the contracting process of companies A and B, in which he had a personal and economic interest since he appeared as President, Treasurer and Resident Agent in both. In addition, the Construction Manager intervened in the formulation of public policy and performed functions and assignments similar to those of a public official's position, that of the director of the Office of Facilities and Maintenance.
This situation was referred to the Secretary of Justice for possible violations of the Penal Code by letter on March 15, 2016 and is attributed to the fact that the then Secretary did not observe the aforementioned provisions of law when formalizing the contracts.
The audit further notes that companies A and B did not comply with the time established for the completion of any of the fence construction projects at Camp La Pica in Jayuya, at the El Zarzal Institution in Río Grande, at the Bayamón Correctional Complex and at the Bayamón Juvenile Institution. On September 2, 2009 the then Secretary rescinded the four contracts and contracted other companies to finish the work.
The Report further comments that ethical violations may have been configured by a former official of the Department of Correction and, to that effect, the finding was referred to the Executive Director of the Office of Government Ethics of Puerto Rico on March 15, 2016.
The Report covers the period from July 1, 2013 to June 30, 2016 and is available at www.ocpr.gov.pr.
See Audit Report DA-17-33.
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